Preview
1 Timothy J. Long (SBN 137591)
longt@gtlaw.com
2 Erin Price (SBN 319331)
pricee@gtlaw.com
3 GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
4 Sacramento, CA 95814-4497
Telephone: 916 442 1111
5 Facsimile: 916 448 1709
6 ROWENA SANTOS (SBN 210185)
santosro@gtlaw.com
7 GREENBERG TRAURIG, LLP
18565 Jamboree Road, Suite 500
8 Irvine, CA 92612
Telephone: 949 732 6500
9 Facsimile: 949 732 6501
10 Attorneys for Defendant
HEAL TH NET OF CALIFORNIA, INC.
11
** * COUNSEL FOR PLAINTIFFS ON NEXT PAGE
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA
13
COUNTY OF SACRAMENTO
14
ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
15 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
16 Plaintiff, STIPULATION AND [PROPOSED)
ORDER FOR APPROVAL OF CLASS
17 v. NOTICE
18 HEALTH NET OF CALIFORNIA, INC., a
California Corporation; and Does 1 through 50, Original Complaint Filed: April 5, 2017
19 inclusive, FAC Filed: June 29, 2017
Consolidated Complaint Filed: Dec. 21, 2017
20 Defendants
21
22 TOMAS R. ARANA, on behalf of himself, all
others similarly situated,
23 Plaintiff,
v.
24 HEAL TH NET OF CALIFORNIA, INC., a
California corporation; and DOES 1-50,
25 inclusive,
~-J,Jefendants.
26
27
28
STIPULATION AND [PROPOSED) ORDER
1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
Norman B. Blumenthal (SBN 068687)
2 norm@bamlawca.com
Kyle R. Nordrehaug (SBN 205975)
3 Aparajit Bhowmik (SBN 248066)
Piya Mukherjee (SBN 274217)
4 Victoria B. Rivapalacio (SBN 275115)
225 5 Calle Clara
5 La Jolla, CA 9203 7
Tel: 858.551.1223
6 Fax: 858.551.1232
7 Attorneys for Plaintiff
ANDREA SPEARS
8
SETAREH LAW GROUP
9 Shaun Setareh (SBN 204514)
shaun@setarehlaw.com
10 William M. Pao (SBN 219846)
william@setarehlaw.com
11 Alexandra R. Mcintosh (SBN 320904)
alex@setarehlaw.com
12 315 South Beverly Drive, Suite 315
Beverly Hills, CA 90212
13 Telephone: (310) 888-7771
Facsimile: (310) 888-0109
14
Attorneys for Plaintiff
15 TOMAS R. ARANA
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
1 Plaintiffs Andrea Spears and Tomas R. Arana ("Plaintiffs") and Defendant Health Net of
2 California, Inc. ("Defendant") (collectively referred to herein as the "Parties"), by and through their
3 respective counsel, hereby stipulate as follows :
4 WHEREAS, the Court granted class certification of (1) All individuals who are or
5 previously were employed by Defendant Health Net of California, Inc. in California and classified
6 as non-exempt and received "MedFlxWave" payments, "DenflxWave" payments, SPOT Awards,
7 ACA Incentive payments and/or Wellness Incentive payments during the period of April 05, 2013
8 and December 31 , 2016; and (2) all individuals who are or previously were employed by Health
9 Net in California as non-exempt or hourly employees who manually entered their start time using
10 Health Net' s time keeping system during the period of April 05, 2013 and October 8, 2019
11 (collectively referred to herein as the "Certified Classes"). Certified Class No. 2 is limited to the
12 resolution of the question of whether Health Net's time recording system in effect from April 5,
13 2013 to October 8, 2019 prevented an accurate capture of the start time of the class members;
14 WHEREAS, the Parties have met and conferred and agreed on the form of notice to be
15 distributed to the Certified Classes, attached hereto as Exhibit 1;
16 NOW, THEREFORE, the Parties hereby STIPULATE and AGREE as follows:
17 1. The Court approves the form and content of the proposed notice attached hereto as
18 Exhibit 1, and authorizes the mailing ofthis notice to the members of the Certified Classes based
19 upon the most recent information compiled by Defendant;
20 2. Defendant shall provide to the claims administrator, IL YM, the last known names
21 and addresses of the members of the Certified Classes by January 3, 2020.
22 3. The mailing of the class notice shall commence within seven (7) calendar days of
23 IL YM' s receipt of the names and addresses of the members of the Certified Classes.
24 IT IS SO STIPUATED.
25
26
27
28
- 1-
STIPULATION AND [PROPOSED] ORDER
1 Dated: December~ 20 19 BLUMENTHAL NORDREHAUG BHOWMIK
DEBLOUWLLP
2
3
By: -~~
"--·"--hli.~~~=-·,,.,._b...:=-__
4 PIYAMUKHERJEE 0
Attorneys for Plaintiff
5 ANDREA SPEARS
6 q
Dated: December_ _, 2019
7
8
By: _--.i.~=:::_--=-~:::::::=~--=--Â
9 SHAUN SETARAH
Attorneys for Plaintiff
10 TOMAS R. ARANA
11
12 Dated: December 6, 2019 GREENBERG TRAURIG, LLP
By:---~+-
· ~-™-·
13
14
_O_T_
H_Y_·J-.L_O
_N_G
_ __ _
15 ROWENA SANTOS
ERIN PRICE
16 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
17
18
19 IT IS SO ORDERED.
20
21 Dated:
----------
Hon.. Alan G. Perkins
22
Judge of the Superior Court
23
24
25
26
27
28
-2-
STIPULATION AND [PROPOSED] ORDER
EXHIBIT 1
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
ANDREA SPEARS, an individual, on behalf of CONSOLIDATED CASE NO.
herself and on behalf of all persons 37-2017-00210560-CU-OE-GDS
similarly situated,
Plaintiff,
NOTICE OF PENDENCY OF CLASS
vs. ACTION
HEAL TH NET OF CALIFORNIA, INC., a California
Corporation; and DOES 1 to 50, inclusive,
Defendants.
TOMAS R. ARANA, on behalf of himself, all persons
similarly situated,
Plaintiff,
vs.
HEAL TH NET OF CALIFORNIA, INC., a Califo rnia
Corporation; and DOES 1-50, inclusive,
Defendants
TO: All individuals who are or previously were employed by Defendant Health Net of Cali fornia, Inc. (" Health Net'')
in California and classified as non-exempt and received " MedFlxWave" payments, " DenflxWave" payments, SPOT
Awards, ACA Incentive payments and/or Wellness Incentive payments at any time between April 5, 2013 and
December 3 1, 2016 (the "C lass"); and all individuals who are or previously were employed by Health Net in California
as non-exempt or hourly employees who manually entered their start tim e using Hea lth Net's time keeping system
(the "Issue Class").
A class action lawsuit has been filed against Health Net. The Court has determined that this case may proceed
as a class action. A class action lawsuit is a lawsuit in which one or more persons sue on behalf of themselves and
others who have similar claims. This Notice contains important information which may affect you. Please read it
carefully. YOU ARE NOT BEING SUED.
THE LAWSUIT
Now pending in the Sacramento County Superior Court is a lawsuit entitled Spears v. Health Net of
California, Inc. and Tomas R. Arana v. Health Net of California, Inc. (Consolidated Case), Case No. 34-2017-
00210560-CU-OE-GDS (the " Lawsuit"). In this lawsuit, plaintiffs allege that Health Net failed to provide overtime
wages pursuant to Ca lifornia Labor Code §§ 510 and 1198 to the Class because "MedFlxWave" payments,
" DenFlxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments were
improperly calculated and/or improperly excluded from the regular rate. As a derivative of this claim, plaintiffs also
allege unfair competition, wage statement violations, and waiting time penalties. Plaintiffs seeks unpaid wages,
penalties, interest, and attorneys ' fees.
The Court also certified the fo llowing question for class treatment: whether Hea lth Net's time recording
system in effect from April 5, 2013 to October 8, 20 19 prevented an accurate capture of the start time of the class
members. The answer to this question affects class individuals who manually entered their start time using Health
Net's time-keeping systems.
1
Health Net denies that it engaged in any unlawful conduct, denies any liability and/or wrongdoing of any kind with
respect to these allegations , denies that it owes any additional wages, and denies that it injured or damaged any of
the class members in any way.
DEFINITION OF THE CLASS
On October 8, 2019, the Court certified the following Class:
• All individuals who are or previously were employed by Defendant Health Net of California, Inc. in
California and classified as non-exempt and received " MedFlxWave" payments, " DenflxWave" payments,
SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments during the period of April 05,
20 13 and December 31, 2016; and
• All individuals who are or previously were employed by Health Net in California as non-exempt or hourly
employees who manually entered their start time using Health Net's time keeping system .
The Court has not formed any opinions and/or made any decisions concerning the merits of the Lawsuit and has not
made any decisions about who is right or wrong in the lawsuit, or who will win at trial. This Notice does not express
any opinion of the Court.
REPRESENTATION OF THE CLASS
Class Counsel identified below represents the class members without any charge. Any reimbursement of
costs or expenses or award of attorney fees to Class Counsel will be made by the Court from any recovery for the
class members or from Health Net directly. If you so choose, you may also hire your own counsel, at your own
expense, to represent you or advise you about your legal rights.
YOUR OPTIONS REGARDING CLASS MEMBERSHIP
Class members may choose to remain in the class or to opt out of it. If you do not opt out of the class, you
will remain a member of the class and will be bound by the outcome of the lawsuit. Any claims tha t you may have
against Health Net arising from the matters alleged in the class action will be decided in the class action, in which you
will be represented by Class Counsel. You will share in any recovery obtained for the class, but you will not be able
to sue for the same claims in another lawsuit even ifthe class does not win this case. IF YOU WANT TO REMAIN
A MEMBER OF THE CLASS, YOU SHOULD NOT SEND IN THE "REQUEST FOR EXCLUSION FROM
CLASS." YOU DO NOT HAVE TO DO ANYTHING AT THIS TIME.
IF YOU DO NOT WISH TO PARTICIPATE IN THE CLASS ACTION, YOU MUST COMPLETE
AND MAIL THE ATTACHED "REQUEST FOR EXCLUSION FROM CLASS" (POSTAGE PRE-PAD)
POSTCARD, POSTMARKED ON OR BEFORE [date], TO THE CLASS ADMINISTRATOR AT THE
FOLLOWING ADDRESS:
Health Net of California Employment Litigation Class Administration,
c/o [insert: name of administrator]
[insert: address]
[insert: telephone and facsimile numbers]
[insert: email address]
A "Request for Exc lusion from Class ("Opt-Out")" postcard is enclosed with this notice. The request should
be signed with your name and address printed below your signature , and post-marked on or before 20 19,
which is forty-fi ve (45) days from the date of mailing. Ify ou do not make a timely request for exclusion in the manner
specified, you will be bound by any judgment or settlement in the case. If you request to be excluded from the class,
y ou will not share in any recovery (if any) that may be made in the class action. You will not be bound by any judgment
in the class action. You are free to file your own lawsuit against the defendants.
2
FURTHER INFORMATION
If you have any questions about this Notice, or this lawsuit, you may contact the Class Administrator, [insert: name] ,
or any of the attorneys listed below who are representing parties in this lawsuit.
Class Counsel: Health Net's Counsel:
Nicholas De Blouw Timothy J. Long, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Rowena Santos, Esq.
2255 Calle Clara GREENBERG TRAURIG, LLP
La Jolla, CA 92037 1201 K. Street, Suite 1100
Tel.: (858) 551-1223 ext.I 004/ Fax: (858) 551-1232 Sacramento, CA 95814
E-Mail: nick@bamlawca.com Tel. : (916) 868-0677
E-mail : longt@gtlaw.com
Shaun Setareh santosro@gtlaw.com
SETAREH LAW GROUP
9454 Wilshire Blvd. , Suite 907
Beverly Hills, CA 90212
Tel.: (310) 888-7771
E-Mail: shaun@setarehlaw.com
You are not obligated to speak with Plaintiff's attorneys, Defendants' attorneys, or anyone else about the Lawsuit.
Whether or not you choose to speak to anyone about the Lawsuit is entirely your choice.
THIS IS NOT A COMMUNICATION FROM THE COURT AND IS NOT AN EXPRESSION OF ANY OPINION
BY THE COURT AS TO THE MERITS OF THE CLAIMS OR DEFENSES BY EITHER SIDE IN THIS
LITIGATION. PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK REGARDING THIS
ACTION
3
Postcard Front
Postcard Back
REQUEST FOR EXCLUSION FROM CLASS
If you do not want to be include in the plaintiff class in the case entitled, Spears v.
Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc.
(Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS, filed in the
Sacramento County Superior Court, you must sign, date, and postmark this card by
[insert 45 days after mailing], 2019. If you do not return this card by [45 days from
date of mailing notice] , you will remain a member of the class and will be bound by
the outcome of the lawsuit.
This postcard includes pre-paid postage; you do not need a stamp.
I wish to and request to be excluded from the plaintiff class in the case entitled, Spears
v. Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc.
(Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS.
I declare under penalty of perjury under the laws of the State of California that the
information on this postcard is true and correct.
4
Signature Date
Print Name
5
Preview
1 Timothy J. Long (SBN 137591) longt@gtlaw.com 2 Erin Price (SBN 319331) pricee@gtlaw.com 3 GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 4 Sacramento, CA 95814-4497 Telephone: 916 442 1111 5 Facsimile: 916 448 1709 6 ROWENA SANTOS (SBN 210185) santosro@gtlaw.com 7 GREENBERG TRAURIG, LLP 18565 Jamboree Road, Suite 500 8 Irvine, CA 92612 Telephone: 949 732 6500 9 Facsimile: 949 732 6501 10 Attorneys for Defendant HEAL TH NET OF CALIFORNIA, INC. 11 ** * COUNSEL FOR PLAINTIFFS ON NEXT PAGE 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF SACRAMENTO 14 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- 15 of herself and on behalf of all persons similarly CU-OE-GDS situated, 16 Plaintiff, STIPULATION AND [PROPOSED) ORDER FOR APPROVAL OF CLASS 17 v. NOTICE 18 HEALTH NET OF CALIFORNIA, INC., a California Corporation; and Does 1 through 50, Original Complaint Filed: April 5, 2017 19 inclusive, FAC Filed: June 29, 2017 Consolidated Complaint Filed: Dec. 21, 2017 20 Defendants 21 22 TOMAS R. ARANA, on behalf of himself, all others similarly situated, 23 Plaintiff, v. 24 HEAL TH NET OF CALIFORNIA, INC., a California corporation; and DOES 1-50, 25 inclusive, ~-J,Jefendants. 26 27 28 STIPULATION AND [PROPOSED) ORDER 1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal (SBN 068687) 2 norm@bamlawca.com Kyle R. Nordrehaug (SBN 205975) 3 Aparajit Bhowmik (SBN 248066) Piya Mukherjee (SBN 274217) 4 Victoria B. Rivapalacio (SBN 275115) 225 5 Calle Clara 5 La Jolla, CA 9203 7 Tel: 858.551.1223 6 Fax: 858.551.1232 7 Attorneys for Plaintiff ANDREA SPEARS 8 SETAREH LAW GROUP 9 Shaun Setareh (SBN 204514) shaun@setarehlaw.com 10 William M. Pao (SBN 219846) william@setarehlaw.com 11 Alexandra R. Mcintosh (SBN 320904) alex@setarehlaw.com 12 315 South Beverly Drive, Suite 315 Beverly Hills, CA 90212 13 Telephone: (310) 888-7771 Facsimile: (310) 888-0109 14 Attorneys for Plaintiff 15 TOMAS R. ARANA 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER 1 Plaintiffs Andrea Spears and Tomas R. Arana ("Plaintiffs") and Defendant Health Net of 2 California, Inc. ("Defendant") (collectively referred to herein as the "Parties"), by and through their 3 respective counsel, hereby stipulate as follows : 4 WHEREAS, the Court granted class certification of (1) All individuals who are or 5 previously were employed by Defendant Health Net of California, Inc. in California and classified 6 as non-exempt and received "MedFlxWave" payments, "DenflxWave" payments, SPOT Awards, 7 ACA Incentive payments and/or Wellness Incentive payments during the period of April 05, 2013 8 and December 31 , 2016; and (2) all individuals who are or previously were employed by Health 9 Net in California as non-exempt or hourly employees who manually entered their start time using 10 Health Net' s time keeping system during the period of April 05, 2013 and October 8, 2019 11 (collectively referred to herein as the "Certified Classes"). Certified Class No. 2 is limited to the 12 resolution of the question of whether Health Net's time recording system in effect from April 5, 13 2013 to October 8, 2019 prevented an accurate capture of the start time of the class members; 14 WHEREAS, the Parties have met and conferred and agreed on the form of notice to be 15 distributed to the Certified Classes, attached hereto as Exhibit 1; 16 NOW, THEREFORE, the Parties hereby STIPULATE and AGREE as follows: 17 1. The Court approves the form and content of the proposed notice attached hereto as 18 Exhibit 1, and authorizes the mailing ofthis notice to the members of the Certified Classes based 19 upon the most recent information compiled by Defendant; 20 2. Defendant shall provide to the claims administrator, IL YM, the last known names 21 and addresses of the members of the Certified Classes by January 3, 2020. 22 3. The mailing of the class notice shall commence within seven (7) calendar days of 23 IL YM' s receipt of the names and addresses of the members of the Certified Classes. 24 IT IS SO STIPUATED. 25 26 27 28 - 1- STIPULATION AND [PROPOSED] ORDER 1 Dated: December~ 20 19 BLUMENTHAL NORDREHAUG BHOWMIK DEBLOUWLLP 2 3 By: -~~ "--·"--hli.~~~=-·,,.,._b...:=-__ 4 PIYAMUKHERJEE 0 Attorneys for Plaintiff 5 ANDREA SPEARS 6 q Dated: December_ _, 2019 7 8 By: _--.i.~=:::_--=-~:::::::=~--=-- 9 SHAUN SETARAH Attorneys for Plaintiff 10 TOMAS R. ARANA 11 12 Dated: December 6, 2019 GREENBERG TRAURIG, LLP By:---~+- · ~-™-· 13 14 _O_T_ H_Y_·J-.L_O _N_G _ __ _ 15 ROWENA SANTOS ERIN PRICE 16 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 17 18 19 IT IS SO ORDERED. 20 21 Dated: ---------- Hon.. Alan G. Perkins 22 Judge of the Superior Court 23 24 25 26 27 28 -2- STIPULATION AND [PROPOSED] ORDER EXHIBIT 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO ANDREA SPEARS, an individual, on behalf of CONSOLIDATED CASE NO. herself and on behalf of all persons 37-2017-00210560-CU-OE-GDS similarly situated, Plaintiff, NOTICE OF PENDENCY OF CLASS vs. ACTION HEAL TH NET OF CALIFORNIA, INC., a California Corporation; and DOES 1 to 50, inclusive, Defendants. TOMAS R. ARANA, on behalf of himself, all persons similarly situated, Plaintiff, vs. HEAL TH NET OF CALIFORNIA, INC., a Califo rnia Corporation; and DOES 1-50, inclusive, Defendants TO: All individuals who are or previously were employed by Defendant Health Net of Cali fornia, Inc. (" Health Net'') in California and classified as non-exempt and received " MedFlxWave" payments, " DenflxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments at any time between April 5, 2013 and December 3 1, 2016 (the "C lass"); and all individuals who are or previously were employed by Health Net in California as non-exempt or hourly employees who manually entered their start tim e using Hea lth Net's time keeping system (the "Issue Class"). A class action lawsuit has been filed against Health Net. The Court has determined that this case may proceed as a class action. A class action lawsuit is a lawsuit in which one or more persons sue on behalf of themselves and others who have similar claims. This Notice contains important information which may affect you. Please read it carefully. YOU ARE NOT BEING SUED. THE LAWSUIT Now pending in the Sacramento County Superior Court is a lawsuit entitled Spears v. Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc. (Consolidated Case), Case No. 34-2017- 00210560-CU-OE-GDS (the " Lawsuit"). In this lawsuit, plaintiffs allege that Health Net failed to provide overtime wages pursuant to Ca lifornia Labor Code §§ 510 and 1198 to the Class because "MedFlxWave" payments, " DenFlxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments were improperly calculated and/or improperly excluded from the regular rate. As a derivative of this claim, plaintiffs also allege unfair competition, wage statement violations, and waiting time penalties. Plaintiffs seeks unpaid wages, penalties, interest, and attorneys ' fees. The Court also certified the fo llowing question for class treatment: whether Hea lth Net's time recording system in effect from April 5, 2013 to October 8, 20 19 prevented an accurate capture of the start time of the class members. The answer to this question affects class individuals who manually entered their start time using Health Net's time-keeping systems. 1 Health Net denies that it engaged in any unlawful conduct, denies any liability and/or wrongdoing of any kind with respect to these allegations , denies that it owes any additional wages, and denies that it injured or damaged any of the class members in any way. DEFINITION OF THE CLASS On October 8, 2019, the Court certified the following Class: • All individuals who are or previously were employed by Defendant Health Net of California, Inc. in California and classified as non-exempt and received " MedFlxWave" payments, " DenflxWave" payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments during the period of April 05, 20 13 and December 31, 2016; and • All individuals who are or previously were employed by Health Net in California as non-exempt or hourly employees who manually entered their start time using Health Net's time keeping system . The Court has not formed any opinions and/or made any decisions concerning the merits of the Lawsuit and has not made any decisions about who is right or wrong in the lawsuit, or who will win at trial. This Notice does not express any opinion of the Court. REPRESENTATION OF THE CLASS Class Counsel identified below represents the class members without any charge. Any reimbursement of costs or expenses or award of attorney fees to Class Counsel will be made by the Court from any recovery for the class members or from Health Net directly. If you so choose, you may also hire your own counsel, at your own expense, to represent you or advise you about your legal rights. YOUR OPTIONS REGARDING CLASS MEMBERSHIP Class members may choose to remain in the class or to opt out of it. If you do not opt out of the class, you will remain a member of the class and will be bound by the outcome of the lawsuit. Any claims tha t you may have against Health Net arising from the matters alleged in the class action will be decided in the class action, in which you will be represented by Class Counsel. You will share in any recovery obtained for the class, but you will not be able to sue for the same claims in another lawsuit even ifthe class does not win this case. IF YOU WANT TO REMAIN A MEMBER OF THE CLASS, YOU SHOULD NOT SEND IN THE "REQUEST FOR EXCLUSION FROM CLASS." YOU DO NOT HAVE TO DO ANYTHING AT THIS TIME. IF YOU DO NOT WISH TO PARTICIPATE IN THE CLASS ACTION, YOU MUST COMPLETE AND MAIL THE ATTACHED "REQUEST FOR EXCLUSION FROM CLASS" (POSTAGE PRE-PAD) POSTCARD, POSTMARKED ON OR BEFORE [date], TO THE CLASS ADMINISTRATOR AT THE FOLLOWING ADDRESS: Health Net of California Employment Litigation Class Administration, c/o [insert: name of administrator] [insert: address] [insert: telephone and facsimile numbers] [insert: email address] A "Request for Exc lusion from Class ("Opt-Out")" postcard is enclosed with this notice. The request should be signed with your name and address printed below your signature , and post-marked on or before 20 19, which is forty-fi ve (45) days from the date of mailing. Ify ou do not make a timely request for exclusion in the manner specified, you will be bound by any judgment or settlement in the case. If you request to be excluded from the class, y ou will not share in any recovery (if any) that may be made in the class action. You will not be bound by any judgment in the class action. You are free to file your own lawsuit against the defendants. 2 FURTHER INFORMATION If you have any questions about this Notice, or this lawsuit, you may contact the Class Administrator, [insert: name] , or any of the attorneys listed below who are representing parties in this lawsuit. Class Counsel: Health Net's Counsel: Nicholas De Blouw Timothy J. Long, Esq. BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Rowena Santos, Esq. 2255 Calle Clara GREENBERG TRAURIG, LLP La Jolla, CA 92037 1201 K. Street, Suite 1100 Tel.: (858) 551-1223 ext.I 004/ Fax: (858) 551-1232 Sacramento, CA 95814 E-Mail: nick@bamlawca.com Tel. : (916) 868-0677 E-mail : longt@gtlaw.com Shaun Setareh santosro@gtlaw.com SETAREH LAW GROUP 9454 Wilshire Blvd. , Suite 907 Beverly Hills, CA 90212 Tel.: (310) 888-7771 E-Mail: shaun@setarehlaw.com You are not obligated to speak with Plaintiff's attorneys, Defendants' attorneys, or anyone else about the Lawsuit. Whether or not you choose to speak to anyone about the Lawsuit is entirely your choice. THIS IS NOT A COMMUNICATION FROM THE COURT AND IS NOT AN EXPRESSION OF ANY OPINION BY THE COURT AS TO THE MERITS OF THE CLAIMS OR DEFENSES BY EITHER SIDE IN THIS LITIGATION. PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK REGARDING THIS ACTION 3 Postcard Front Postcard Back REQUEST FOR EXCLUSION FROM CLASS If you do not want to be include in the plaintiff class in the case entitled, Spears v. Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc. (Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS, filed in the Sacramento County Superior Court, you must sign, date, and postmark this card by [insert 45 days after mailing], 2019. If you do not return this card by [45 days from date of mailing notice] , you will remain a member of the class and will be bound by the outcome of the lawsuit. This postcard includes pre-paid postage; you do not need a stamp. I wish to and request to be excluded from the plaintiff class in the case entitled, Spears v. Health Net of California, Inc. and Tomas R. Arana v. Health Net of California, Inc. (Consolidated Case), Case No. 34-2017-00210560-CU-OE-GDS. I declare under penalty of perjury under the laws of the State of California that the information on this postcard is true and correct. 4 Signature Date Print Name 5